HomeMy WebLinkAboutAgreement A-15-584-4 with Integrated Voting Systems Inc..pdf1 THIRD AMENDMENT TO AGREEMENT
2 THIS THIRD AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made and entered
3 into this 12th day of January, 2021, by and between COUNTY OF FRESNO, a Political Subdivision of
4 the State of California, Fresno, California (hereinafter "COUNTY"), and INTEGRATED VOTING
5 SYSTEMS , INC., a Delaware Corporation , dba INTEGRATED VOTING SOLUTIONS, whose address
6 is 496 S . Uruapan Way, Dinuba, CA 93618 (hereinafter "CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 15-584, dated 17th
9 November 2015 (hereinafter "Agreement"), pursuant to which CONTRACTOR agreed to provide ballot
10 printing , vote by mail processing, and vote by mail envelopes to COUNTY; and
11 WHEREAS, COUNTY and CONTRACTOR entered into Assignment of Agreement number 15-
12 584-1, dated 6th day of March 2018 (hereinafter "Assignment"), pursuant to which CONTRACTOR, as
13 the ASSIGNEE, accepted the assignment and transfer of all rights , obligations, duties, and liabilities
14 regarding Agreement number 15-584; and
15 WHEREAS, COUNTY and CONTRACTOR entered into First Amendment number 15-584-2
16 dated 26th day of March 2019 (hereinafter "First Amendment") in order to increase the contract
17 maximum compensation and provide contract pricing for specialized services and to reflect
18 CONTRACTOR's name change; and
19 WHEREAS, COUNTY and CONTRACTOR entered into Second Amendment number 15-584-3
20 dated 10th day of March 2020 (hereinafter "Second Amendment") in order to increase the contract
21 maximum compensation and extend the length of the agreement term; and
22 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
23 increase the maximum compensation.
24 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
25 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows :
26 1. Section 4 of the Agreement, located on page 3, lines 19 through 25, is deleted in its
27 entirety and replaced with the following:
28 "Five Hundred Forty-Five Thousand and No/100 Dollars ($545,000.00) during the
-1 -
Agreement No. 15-584-4
1 period of July 1, 2018 through June 30 , 2019. In no event shall services performed under th is
2 Agreement be in excess of Eight Hundred Ninety Thousand and No/100 Dollars ($890 ,000 .00) during
3 the period of July 1, 2019 through June 30, 2020. In no event shall services performed under th is
4 Agreement be in excess of One Million and No/100 Dollars ($1,000,000.00) during the period of July 1,
5 2020 through June 30 , 2021. The maximum total compensation for serv ices included in this
6 Agreement from the period of November 18 , 2015 through June 30 , 2021 , shall be Four Million and
7 No/100 Dollars ($4,000 ,000 .00). It is understood that all expenses incidental to CONTRACTOR's
8 performance of services under this Agreement shall be borne by the CONTRACTOR."
9 COUNTY and CONTRACTOR agree that this Third Amendment is sufficient to amend the
10 Agreement and, that upon execution of th is Third Amendment, the Agreement , Assignment, First
11 Amendment, Second Amendment, and this Third Amendment together shall be cons idered the
12 Agreement.
13 The Agreement , as hereby amended , is ratified and continued . All provisions, tenns ,
14 covenants, conditions and promises contained in the Agreement and not amended herein shall remain
15 in full force and effect.
16 EXECUTED AND EFFECTIVE as of the date first above set forth.
17
18
19 lk-------,--#--====--___:'¥.~===~--
20
21
22
23
24
25
26
27
28
COUN~
Steve randaiCChairmanof the Board
of Supervisors of the County of Fresno
-2 -
ATTEST:
BERNICE E . SEIDEL
Clerk of the Board of Superviso rs
County of Fresno , State of Ca li forn ia
By ~ ~ Deputy
1 Mailing Address
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
FOR ACCOUNTING USE ONLY:
Fund:
Subclass:
ORG:
Account:
By:
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
Deputy
-3 -
28500100
7295
0001
10000
See page two for Attestation